[Download] "Brian Palenkas v. William Beaumont" by Supreme Court of Michigan * Book PDF Kindle ePub Free
eBook details
- Title: Brian Palenkas v. William Beaumont
- Author : Supreme Court of Michigan
- Release Date : January 07, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
We concur in sections I and II of Justice Archer's opinion. However, we disagree with his resolution of the remittitur issue in section III. Justice Archer's opinion does not make clear whether the Court should review the trial court's decision on remittitur for an abuse of discretion or whether it should review the Court of Appeals decision for clear error. In our view, the question of the excessiveness of a jury verdict is generally one for the trial court in the first instance. The trial court, having witnessed all the testimony and evidence as well as having had the unique opportunity to evaluate the jury's reaction to the proofs and to the individual witnesses, is in the best position to make an informed decision regarding the excessiveness of the verdict. Accordingly, an appellate court must accord due deference to the trial court's decision and may only disturb a grant or denial of remittitur if an abuse of discretion is shown. This standard applies whether the review is by the Court of Appeals or the Supreme Court.